Appellate Division: Second Judicial Department

M192267

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-00582 The People, etc., respondent, v Carlton Murrary, appellant. (Ind. No. 1474/13)

DECISION & ORDER ON MOTION Motion For Poor Person Relief

Motion by the appellant to be furnished with a copy of the typewritten transcripts of the proceedings, if any, without charge, on an appeal from a judgment of the Supreme Court, Queens County, rendered January 12, 2015, and to enlarge the judgment roll to include the transcripts of certain proceedings.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed to promptly to make, certify and file two transcripts of the pretrial proceedings, including the minutes of proceedings during jury selection, of the trial, of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9), and of the following proceedings in the above-entitled action, if they are available: May 31, 2013, June 4, 2013, June 26, 2013, July 17, 2013, September 16, 2013, October 1, 2013, October 16, 2013, November 19, 2013, January 8, 2014, February 25, 2014, March 12, 2014, April 2, 2014, May 8, 2014, May 29, 2014, June 10, 2014, July 10, 2014, August 25, 2014, September 3, 2014, September 18, 2014, September 30, 2014, October 9, 2014, October 28, 2014, November 10, 2014, November 12, 2014, and November 17, 2014 (pretrial); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's retained counsel, Patrick Michael Megaro, 250 West Main Street, Bay Shore, New York 11706, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for retained counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide retained counsel with a copy of the pre-sentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, retained counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent, and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

DILLON, J.P., ROMAN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court